| Docket Date |
2015-11-04
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
|
| Docket Date |
2015-11-02
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix for Initial Brief
|
| On Behalf Of |
WHITBURN, L L C, AS TRUSTEE
|
|
| Docket Date |
2015-11-02
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
WHITBURN, L L C, AS TRUSTEE
|
|
| Docket Date |
2015-10-23
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-GRANTING CONSOLIDATION ~ JT - **CONSOLIDATED WITH 2D15-1639 (SEE ORDER IN 2D15-1639)**
|
|
| Docket Date |
2015-10-14
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ w/2D15-1639
|
| On Behalf Of |
WHITBURN, L L C, AS TRUSTEE
|
|
| Docket Date |
2015-10-09
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Deny Miscellaneous Motion-79a ~ JT-The appellant's motion to establish briefing schedule filed in appeal 2D15-4046 is denied without prejudice to the appellant to review this court's July 30, 2015, order in appeal 2D15-1639 and proceed accordingly.
|
|
| Docket Date |
2015-09-29
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion For Clarification ~ APPELLANT'S MOTION TO ESTABLISH BRIEFING SCHEDULE
|
| On Behalf Of |
WHITBURN, L L C, AS TRUSTEE
|
|
| Docket Date |
2015-09-24
|
| Type |
Miscellaneous Document
|
| Subtype |
Lower Tribunal Transmittal Cover Sheet
|
| Description |
LOWER TRIBUNAL TRANSMITTAL COVER SHEET
|
|
| Docket Date |
2015-09-24
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2015-09-23
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2015-09-23
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ SEE2D15-1639 JULY 30, 2015 ORDER
|
| On Behalf Of |
WHITBURN, L L C, AS TRUSTEE
|
|
| Docket Date |
2017-05-19
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2017-04-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-DENYING REHEARING
|
|
| Docket Date |
2017-02-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant EOT (general)-74c ~ Appellee's motion for extension of time to respond to appellant's motion for rehearing dated February 13, 2017, is granted. Appellee shall file a written response within twenty (20) days from the date of this order.
|
|
| Docket Date |
2017-02-13
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ TO APPELLANT'S MOTION FOR REHEARING
|
|
| Docket Date |
2017-02-01
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ FILED BY HEATHER A. DE GRAVE, ESQ.
|
|
| Docket Date |
2017-01-31
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORDER GRANTING TO WITHDRAW AS COUNSEL ~ The Renewed Motion to Withdraw as Counsel filed by the law firm of Walters Levine, P.A., counsel for Whitburn, LLC, as Trustee Only, Under the HC 13-104B Land Trust ("Whitburn"), is granted. The law firm of Walters Levine, P.A., is granted leave to withdraw as counsel for Whitburn in this case. The law firm of Walters Levine, P.A., shall be permitted to file motions directed at the fee order entered in this case within the time permitted under Florida Rules of Appellate Procedure 9.330 and 9.331. The Response in Opposition to Renewed Motion to Withdraw as Counsel filed by the Bank of America, N.A., is noted.The time for Whitburn to file motions directed at the opinion disposing of this case shall be extended to a date thirty days from the date of this Order. Whitburn is cautioned that any such motions must be filed on its behalf by counsel. If Whitburn wishes to file any such motions, it must retain substitute counsel who shall file a notice of appearance with this court not later than thirty days from the date of this order. Until Whitburn retains substitute counsel, all pleadings, notices, orders, or other papers filed in this action may be served on Whitburn at its last known address, which is: 13801 Magdalene Lake Cove, Tampa, Florida 33613; e-mail address: whitburnllc1@gmail.com.
|
|
| Docket Date |
2017-01-20
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ In this consolidated appeal, Appellee filed a motion for sanctions against Appellant and its counsel under section 57.105(1), (2), Florida Statutes (2016). Appellee argues that it is entitled to sanctions against Appellant and Appellant's counsel under section 57.105(1) because their continued prosecution of this appeal despite our issuance of a number of decisions that foreclose Appellant's arguments on appeal is in bad faith. In addition, Appellee argues under section 57.105(2) that Appellant's actions in taking and maintaining the subject appeal were primarily for the purpose of unreasonable delay. We deny the motion under section 57.105(2) without discussion. However, we grant the motion for sanctions under section 57.105(1)(b) for the reasons discussed below. After Appellant filed its notices of appeal but before it filed its initial brief, this Court issued its decision in Market Tampa Invs., LLC v. Stobaugh, 177 So. 3d 31, 32 (Fla. 2d DCA 2015) (rehearing denied Oct. 2, 2015), which forecloses Appellant's arguments on appeal that it, a third-party purchaser of the foreclosure property with notice of lis pendens, was entitled to intervene in the underlying foreclosure proceeding and that it was entitled to relief from the final judgment of foreclosure. Thereafter, we issued a number of similar decisions several months before Appellee filed its answer brief, including a number of decisions in which Appellant was a party. These decisions unequivocally stand for the proposition "that a purchaser pendent-lite lacks standing to intervene in a pending foreclosure action concerning a superior lien or to appeal the resulting judgment." See, e.g., Whitburn, LLC v. Appellee of New York Mellon, 197 So. 3d 51 (Fla. 2d DCA May 6, 2016) (unpublished table decision); Whitburn, LLC v. PHH Mortg. Corp., No. 2D14-4724, 2016 WL 2609812 (Fla. 2d DCA May 6, 2016) (unpublished table decision); Whitburn, LLC v. U.S. Bank Nat'l Assoc., No. 2D14-4692, 2016 WL 618780 (Fla. 2d DCA Feb. 17, 2016) (only Westlaw citation available); Whitburn, LLC v. Deutsche Bank Nat'l Trust Co., 188 So. 3d 881 (Fla. 2d DCA 2016); Whitburn, LLC v. Nationstar Mortg., LLC, 187 So. 3d 254 (Fla. 2d DCA 2016); Whitburn, LLC v. Wells Fargo Bank, N.A., 190 So. 3d 1087, 1089 (Fla. 2d DCA 2015). Upon the issuance of the foregoing decisions, Appellant's counsel knew or should have known that Appellant's arguments on appeal could no longer be supported under existing law. Thus counsel should have voluntarily dismissed the appeal prior to filing an initial brief and requiring Appellee to file an answer brief and motion for sanctions in defense of this proceeding. Thus, we grant Appellee's motion for sanctions and award Appellee its reasonable attorney's fees against Appellant's counsel for all work performed by Appellee's counsel in this proceeding after October 2, 2015, when the Market Tampa Invs. decision became final. See Sykes v. St. Andrews School, 625 So. 2d 1317 (Fla. 4th DCA 1993) (awarding section 57.105 fees against the appellants when the issuance of a supreme court decision eliminated all justiciable issues before appellants filed their initial brief). On remand, the trial court shall determine Appellee's reasonable appellate attorney's fees.
|
|
| Docket Date |
2017-01-20
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Opinion ~ in part and dismissed in part.
|
|
| Docket Date |
2017-01-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE'S RESPONSE IN OPPOSITION TO RENEWED MOTION TO WITHDRAW AS COUNSEL
|
|
| Docket Date |
2016-12-22
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
WHITBURN, L L C, AS TRUSTEE
|
|
| Docket Date |
2016-12-08
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
Order Denying Withdraw as Counsel ~ The motion to withdraw as counsel file by Attorney Heather DeGrave and the Walters Levine, P.A., firm is denied.
|
|
| Docket Date |
2016-11-21
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ APPELLANT'S REPLY TO APPELLEE'S RESPONSE IN OPPOSITION TO MOTION TO WITHDRAW AS COUNSEL
|
| On Behalf Of |
WHITBURN, L L C, AS TRUSTEE
|
|
| Docket Date |
2016-11-18
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
Order Denying Withdraw as Counsel ~ Attorney DeGrave's motion to withdraw as counsel filed on November 15, 2016, is denied as a duplicate of the prior motion filed on November 14, 2016.
|
|
| Docket Date |
2016-11-16
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
OBJECTION ~ APPELLEE'S RESPONSE IN OPPOSITION TO MOTION TO WITHDRAW AS COUNSEL
|
|
| Docket Date |
2016-11-15
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
WHITBURN, L L C, AS TRUSTEE
|
|
| Docket Date |
2016-11-14
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
|
| Docket Date |
2016-11-14
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
WHITBURN, L L C, AS TRUSTEE
|
|
| Docket Date |
2016-10-20
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-SUA SPONTE ~ In this consolidated appeal, Whitburn challenges the denial of its motion to join in the underlying foreclosure proceeding and the denial of its motion to vacate the final judgment of foreclosure. In appeal 2D15-4046, Whitburn appealed from an order denying its motion to vacate the final judgment of foreclosure. In our October 13, 2015, order granting Whitburn's motion to consolidate appeals 2D15-1639 and 2D15-4046, we directed that "[a]s the record on appeal 2D15-1639 has been transmitted, the appellant shall arrange for the transmission of any supplemental record needed for review of appeal 2D15-4046. Duplication should be avoided." No supplemental record was ever filed in appeal 2D15-4046, and there are no pleadings, not even the uniform final judgment of foreclosure or the order denying Whitburn's motion to vacate the final judgment of foreclosure, in the record on appeal. Whitburn filed an appendix to its initial brief that contains a number of documents including: Whitburn, LLC's Motion to Stay Trial Pending Appeal; Order Setting Jury Trial and Directing Pre-Trial Procedure, Transcript of May 7, 2015, non-jury trial; Whitburn, LLC's Motion to Vacate Final Judgment and Motion for Rehearing; Order on Whitburn, LLC's Motion to Vacate Final Judgment and Motion for Rehearing; Supplemental Notice of Appeal. However, these documents and pleadings are not part of the record on appeal. Accordingly, within ten days of this order, Appellant is directed to serve supplemental directions on the clerk requesting the clerk to supplement the record on appeal with, at a minimum, the Uniform Final Judgment of Foreclosure and the Order on Whitburn, LLC's Motion to Vacate Final Judgment and Motion for Rehearing. Appellant shall also include in its supplemental directions any other document or pleading that is not contained in the record on appeal and that it wishes this court to consider in this matter. The circuit court clerk shall transmit the record within twenty days thereafter.
|
|
| Docket Date |
2016-07-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO APPELLEE'S MOTION FOR SANCTIONS
|
| On Behalf Of |
WHITBURN, L L C, AS TRUSTEE
|
|
| Docket Date |
2016-06-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT Response to Court Order-74a ~ Appellant's motion for extension of time is granted to the extent that appellant shall file a response to appellee's motion for sanctions on or before July 7, 2016. However, appellee's objection is noted, and further motions for extension of time are unlikely to receive favorable consideration.
|
|
| Docket Date |
2016-06-27
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ TO APPELLEE'S MOTION FOR SANCTIONS
|
| On Behalf Of |
WHITBURN, L L C, AS TRUSTEE
|
|
| Docket Date |
2016-06-24
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
|
| Docket Date |
2016-06-15
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ FOR SANCTIONS***deferred to merits panel***
|
|
| Docket Date |
2016-06-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORDER GRANTING APPELLANT'S REPLY BRIEF
|
|
| Docket Date |
2016-06-13
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
WHITBURN, L L C, AS TRUSTEE
|
|
| Docket Date |
2016-05-23
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
|
| Docket Date |
2016-05-16
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ APPELLEE'S NOTICE OF CHANGE OF ATTORNEY OF RECORD
|
|
| Docket Date |
2016-05-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF
|
|
| Docket Date |
2016-05-02
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
|
| Docket Date |
2016-04-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF
|
|
| Docket Date |
2016-03-31
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
|
| Docket Date |
2016-03-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF
|
|
| Docket Date |
2016-02-29
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
|
| Docket Date |
2015-12-30
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 60 - AB DUE 02/29/16
|
|
| Docket Date |
2015-12-11
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Grant Motion to Strike ~ JT - MOTION TO STRIKE INITIAL BRIEF
|
|
| Docket Date |
2015-12-04
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ MOTION TO STRIKE INITIAL BRIEF
|
| On Behalf Of |
WHITBURN, L L C, AS TRUSTEE
|
|
| Docket Date |
2015-11-25
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30-AB DUE 12/30/15
|
|
